Note "Dark fiber" leases or rental agreements that identify specific facilities constitute control of transmission facilities. In contrast, however, a long-term subscription to, or putative "lease" of, a transmission service, e.g., a "lease" of DS-3 transmission capacity, does not constitute control of transmission facilities, even though the nature of the service is largely defined by reference to the principal facility involved.
Note The Wisconsin statutes requiring tariffs are ss. 196.19 and 196.194(1), Stats. The latter permits the execution of individual customer contracts, provided an authorizing tariff complying with the requirements of s. 196.194(1), Stats., is filed with the commission.
Wis. Admin. Code Public Service Commission PSC 168.02